Right to work integrity - a limit of ownership? Cover Image
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Dreptul la integritatea operei – limitare a dreptului de proprietate?
Right to work integrity - a limit of ownership?

Author(s): Oana Vasilica Coandă
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyright; moral right; right of integrity of a work; right of ownership; imitation

Summary/Abstract: Can a moral right constitute a limit to a real right? What attributes of the right of ownership can be limited?. Can the right of ownership be limited by the author’s moral right to compliance with the integrity of the work?. If yes, then under what conditions?. If no, then what is the efficiency of the legal provisions granting the author the right to compliance with the integrity of the work?. How can the author exercise this right concurrently with the owner of the work? and, especially, how is such a conflict solved?. The work is intended to approach an issue that has not been discussed until present in the doctrine and practice, but only rarely mentioned: the face-to-face confrontation between the right of ownership, declared by the French Revolution as sacred and inviolable and the right to compliance with the integrity of the work, which is integral part of the content of the intellectual property right.

  • Issue Year: 2010
  • Issue No: 02
  • Page Range: 106 - 114
  • Page Count: 9
  • Language: Romanian
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